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To: Cboldt

No one’s moving goalposts here. Before you go running around questioning people’s credibility, you need to be informed or better yet spend some serious time reading relevant case law or have someone explain it to you. The whole point of my post was that unless one believes he is in danger of life or limb, the use of deadly force is unconstitutional when used by police, and subjects private individuals to wrongful death action. The Garner case illustrates this very well. When someone is FLEEING from you its an oxymoron to say that you are in danger of life or limb. This is not only elementary law, it is axiomatic fact.


479 posted on 03/25/2012 9:30:31 PM PDT by Steelfish (ui)
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To: Steelfish
-- No one's moving goalposts here. --

Well, which, between "the police may not kill an unarmed fleeing felon," and "you may not kill a fleeing felon," and "the police may only kill a fleeing felon if the fleeing felon poses a risk to the police" do you want to discuss?

-- you need to be informed or better yet spend some serious time reading relevant case law or have someone explain it to you. --

I've accused you of being careless. Here is what the Garner case says:

Where the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force. Thus, if the suspect threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction or threatened infliction of serious physical harm, deadly force may be used if necessary to prevent escape, and if, where [471 U.S. 1, 12] feasible, some warning has been given. As applied in such circumstances, the Tennessee statute would pass constitutional muster.

Notice too, this is a reference to a suspect, not necessarily a known felon, and the threshold is probable cause.

-- When someone is FLEEING from you its an oxymoron to say that you are in danger of life or limb. This is not only elementary law, it is axiomatic fact. --

You are misrepresenting the Garner case. Others can read it and judge your credibility for themselves, but I think you've hosed your credibility with your own words.

484 posted on 03/25/2012 9:40:51 PM PDT by Cboldt
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